The parents and siblings of slain Carlsbad resident Kathleen
Cary Scharbarth said they were relieved and happy Thursday after a
Superior Court judge granted them temporary legal guardianship of
Scharbarth's 13-year-old daughter, Madison.

Scharbarth's parents, Ryan and Ginny Scharbarth, and siblings,
Melissa and Michael Scharbarth, said the judge's order gives them
authority to act as parents to Madison after the violent death of
her mother ---- the only parent the girl has known since she was a
baby ---- on Nov. 23.

"We just wanted to make sure Madison stayed with us," the girl's
grandmother, Ginny Scharbarth, said after the hearing Thursday in
the Vista courthouse. "This is her family, this is her life, this
is everything she's ever known."

If the family had not sought legal guardianship of Madison, the
girl's father ---- who has not been in contact with her since she
was a toddler ---- would automatically become her legal guardian
under the law, said attorney William Berman, a friend of the family
who is helping them handle their affairs at no cost.

He said Madison's father, who does not live in Carlsbad, had not
expressed a desire to contest the Scharbarth's request for legal
guardianship.

Berman said the family's move was not intended to exclude
Madison's father from her life or limit his visitation rights. The
move was intended only to give them power to make decisions for
Madison and perform parental acts such as taking her to doctor
appointments, Berman said.

"It's important to ensure that Madison's life is not disrupted
any more than the events of the past week have already disrupted
it," he said.

Ginny Scharbarth said Madison has been living with them at their
home in Carlsbad since her mother was reported missing Thanksgiving
morning.

Kathleen Scharbarth, 34, was found strangled to death in the
Fallbrook area on Nov. 25. Her estranged ex-boyfriend, Michael
David Robles, 43, of Fallbrook, was arrested earlier that day. He
pleaded not guilty to her murder on Wednesday.

The slain woman's relatives have called for justice, but they
declined Thursday to comment further on Robles except to say that
they don't blame his family for Robles' alleged acts.

The family has chosen instead to focus on Madison ---- just as
Kathleen Scharbarth did every day of the girl's life.

"One thing that is in my mind is that it was never about her,"
Ginny Scharbarth said of her slain daughter. "It was always about
Madison."

"Madison was the love of her life," she said. "That was her
baby."

The Scharbarths have made protecting and providing for Madison a
priority since Kathleen Scharbarth's disappearance, Berman said.
They set up
a trust fund in her name
to provide for needs such as
education, and they asked that well-wishers make donations to the
trust in lieu of flowers or other items of condolence.

Ginny Scharbarth said Thursday that Madison and Kathleen
Scharbarth's golden Labrador, Lady, have been living with them
since Thanksgiving. She said the family has also started counseling
sessions for Madison, who seems to be in shock.